Korean Insights

A man in his 40s who disarmed a friend who had stabbed him during a drunken argument, claimed self-defense, but a court did not accept his claim.

According to legal sources on the 2nd, Judge Park Bo-mi of the Seoul Western District Court, Criminal Division 4, rejected Kim's self-defense argument in a case where he was charged with assault for injuring his friend. However, the court exempted Kim from punishment because his friend, identified as 'A,' who had threatened him with a weapon, did not wish for him to be punished.

Kim and A had a dispute while drinking at a park in Incheon last April, during which A produced a weapon and threatened Kim. Kim, who sustained a 6-week injury to his arm from being stabbed, then knocked the weapon from A's hand, pushed him to the ground, and repeatedly kicked him. A reportedly suffered injuries, including a broken rib, requiring 5 weeks of recovery.

Kim argued that his actions were self-defense, aimed at subduing A's threat after being stabbed himself. However, the court ruled that Kim's actions constituted "excessive self-defense," stating that the force used was "excessive" because he continued to kick A even after the weapon had been dropped. The court also noted that Kim had personally called 112 and testified coherently to investigators, making it difficult to argue he was acting purely out of emotional agitation.

흉기에 찔리자 맨손 제압했는데…법원 “정당방위 아냐”